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IPC Section 486 in BNS: Section 349

Selling goods marked with a counterfeit property mark

Section 486 of the Indian Penal Code, 1860 (Selling goods marked with a counterfeit property mark) corresponds to Section 349 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 349 is non-cognizable, bailable, triable by Any Magistrate; punishment: Imprisonment for 1 year, or fine, or both.

Bail, cognizability and punishment

SectionOffencePunishmentCognizableBailableTriable by
349Knowingly selling goods marked with a counterfeit property mark.Imprisonment for 1 year, or fine, or both.Non-cognizableBailableAny Magistrate

Source: BNSS, 2023, First Schedule, Part I.

The BNS applies to offences committed on or after 1 July 2024. Offences committed earlier are charged and tried under the IPC.

Text of BNS Section 349

349. Whoever sells, or exposes, or has in possession for sale, any goods or things with a counterfeit property mark affixed to or impressed upon the same or to or upon any case, package or other receptacle in which such goods are contained, shall, unless he proves—

(a) that, having taken all reasonable precautions against committing an offence against this section, he had at the time of the commission of the alleged offence no reason to suspect the genuineness of the mark; and

(b) that, on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons from whom he obtained such goods or things; or

(c) that otherwise he had acted innocently,

be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Full BNS Section 349 and every IPC section it replaced →

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